,,ib ,union ,calendar ,no4 #dcd #aacth ,,congress #b;d ,session ,h4 ,r4 #dgga ,report ,no4 #aac-ehg1 ,parts ,i and ,,ii ,,in ,,the ,,house ,,of ,,representatives ,may #bi1 #bjad ,mr4 ,pitts 7for himself and ,mr4 ,pallone7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,september #ae1 #bjad ,additional sponsors3 ,mr4 ,chaffetz1 ,mr4 ,ben ,ray ,lujn of ,new ,mexico1 ,ms4 ,shea-,porter1 ,mr4 ,amodei1 and ,ms4 ,duckworth ,september #ae1 #bjad ,reported from the ,committee on ,energy and ,commerce with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,september #ae1 #bjad ,reported from the ,committee on the ,judiciary with an amendment2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,strike out all after the enacting clause and insert the part printed in boldface roman ,for text of introduced bill1 see copy of bill as introduced on ,may #bi1 #bjad ,a ,,bill ,to amend the ,controlled ,substances ,act to more effectively regulate anabolic steroids4 #a4 ,short title ,this ,act may be cited as the ,designer ,anabolic ,steroid ,control ,act of #bjad4 #b4 ,amendments to the ,controlled ,substances ,act 7a7 ,definitions ,section #ajb7da7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7da77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7xlix71 by striking and at the end2 7,b7 by redesignating clause 7xlx7 as clause 7lxxv72 and 7,c7 by inserting after clause 7xlix7 the following3 7l7 #e-;,androstan-#c1f1ag-trione2 7li7 #f-;bromo-androstan-#c1ag-;dione2 7lii7 #f-;bromo-androsta-#a1d-;diene-#c1ag-;di one2 7liii7 #d-;chloro-#ag-methyl-androsta-#a1d-;die ne-#c1ag-;diol2 7liv7 #d-;chloro-#ag-methyl-androst-#d-;ene-#c 1ag-;diol2 7lv7 #d-;chloro-#ag-methyl-#ag-;hydroxy-andro st-#d-;en-#c-one2 7lvi7 #d-;chloro-#ag-methyl-#ag-;hydroxy-andro st-#d-;ene-#c1aa-;dione2 7lvii7 #d-;chloro-#ag-methyl-androsta-#a1d-;die ne-#c1ag-;diol2 7lviii7 #b1ag-;dimethyl-#ag-;hydroxy-#e-;androst an-#c-one2 7lix7 #b1ag-;dimethyl-#ag-;hydroxy-#e-;androst an-#c-one2 7lx7 #b1c-;epithio-#ag-methyl-#e-;androstan-# ag-ol2 7lxi7 #c1b-;c-furazan-#e-;androstan-#ag-ol2 7lxii7 #c-;hydroxy-estra-#d1i1aa-trien-#ag-one2 7lxiii7 #ag-methyl-androst-#b-;ene-#c1ag-;diol2 7lxiv7 #ag-methyl-androsta-#a1d-;diene-#c1ag-;d iol2 7lxv7 ,estra-#d1i1aa-triene-#c1ag-;dione2 7lxvi7 #ah;a-,homo-#c-;hydroxy-estra-#b1e7aj7-; dien-#ag-one2 7lxvii7 #f-,methyl-androst-#d-;ene-#c1ag-;dione2 7lxviii7 #ag-,methyl-androstan-#c-;hydroxyimine-# ag-ol2 7lxix7 #ag-,methyl-#e-;androstan-#ag-ol2 7lxx7 #ag-;,hydroxy-androstano#b1c-;disoxazole 2 7lxxi7 #ag-;,hydroxy-androstano#c1b-;cisoxazole 2 7lxxii7 #d-;,hydroxy-androst-#d-;ene-#c1ag-;dion e#c1b-;cpyrazole-#e-;androstan-#ag-ol2 7lxxiii7 #c1b-;cpyrazole-androst-#d-;en-#ag-ol2 7lxxiv7 #c1b-;cpyrazole-#e-;androstan-#ag-ol2 and 2 and 7#b7 by adding at the end the following3 7,c7 7i7 ,subject to clause 7ii71 a drug or hormonal substance 7other than estrogens1 progestins1 corticosteroids1 and dehydroepiandrosterone7 that is not listed in subparagraph 7,a7 and is derived from1 or has a chemical structure substantially similar to1 #a or more anabolic steroids listed in subparagraph 7,a7 shall be considered to be an anabolic steroid for purposes of this ,act if-- 7,i7 the drug or substance has been created or manufactured with the intent of producing a drug or other substance that either-- 7aa7 promotes muscle growth2 or 7bb7 otherwise causes a pharmacological effect similar to that of testosterone2 or 7,,ii7 the drug or substance has been1 or is intended to be1 marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone4 7ii7 ,a substance shall not be considered to be a drug or hormonal substance for purposes of this subparagraph if it-- 7,i7 is-- 7aa7 an herb or other botanical2 7bb7 a concentrate1 metabolite1 or extract of1 or a constituent isolated directly from1 an herb or other botanical2 or 7cc7 a combination of #b or more substances described in item 7aa7 or 7bb72 7,,ii7 is a dietary ingredient for purposes of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 and 7,,iii7 is not anabolic or androgenic4 7iii7 ,in accordance with section #eae7;a71 any person claiming the benefit of an exemption or exception under clause 7ii7 shall bear the burden of going forward with the evidence with respect to such exemption or exception4 4 7b7 ,classification authority ,section #bja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #haa7 is amended by adding at the end the following3 7i7 ,temporary and permanent scheduling of recently emerged anabolic steroids 7#a7 ,the ,attorney ,general may issue a temporary order adding a drug or other substance to the definition of anabolic steroids if the ,attorney ,general finds that-- 7,a7 the drug or other substance satisfies the criteria for being considered an anabolic steroid under section #ajb7da7 but is not listed in that section or by regulation of the ,attorney ,general as being an anabolic steroid2 and 7,b7 adding such drug or other substance to the definition of anabolic steroids will assist in preventing abuse or misuse of the drug or other substance4 7#b7 ,an order issued under paragraph 7#a7 shall not take effect until #cj days after the date of the publication by the ,attorney ,general of a notice in the ,federal ,register of the intention to issue such order and the grounds upon which such order is to be issued4 ,the order shall expire not later than #bd months after the date it becomes effective1 except that the ,attorney ,general may1 during the pendency of proceedings under paragraph 7#f71 extend the temporary scheduling order for up to #f months4 7#c7 ,the ,attorney ,general shall transmit notice of an order proposed to be issued under paragraph 7#a7 to the ,secretary of ,health and ,human ,services4 ,in issuing an order under paragraph 7#a71 the ,attorney ,general shall take into consideration any comments submitted by the ,secretary in response to a notice transmitted pursuant to this paragraph4 7#d7 ,a temporary scheduling order issued under paragraph 7#a7 shall be vacated upon the issuance of a permanent scheduling order under paragraph 7#f74 7#e7 ,an order issued under paragraph 7#a7 is not subject to judicial review4 7#f7 ,the ,attorney ,general may1 by rule1 issue a permanent order adding a drug or other substance to the definition of anabolic steroids if such drug or other substance satisfies the criteria for being considered an anabolic steroid under section #ajb7da74 ,such rulemaking may be commenced simultaneously with the issuance of the temporary order issued under paragraph 7#a74 4 7c7 ,labeling requirements 7#a7 ,in general ,the ,controlled ,substances ,act is amended by inserting after section #cje 7#ba ,u4,s4,c4 #hbe7 the following3 #cje;,a4 ,offenses involving false labeling of anabolic steroids 7a7 ,unlawful acts 7#a7 ,it shall be unlawful-- 7,a7 to import into the ,united ,states or to export from the ,united ,states2 7,b7 to manufacture1 distribute1 dispense1 sell1 or offer to sell2 or 7,c7 to possess with intent to manufacture1 distribute1 dispense1 sell1 or offer to sell2 any anabolic steroid1 or any product containing an anabolic steroid1 that does not bear a label clearly identifying any anabolic steroid contained in such steroid or product by the nomenclature used by the ,international ,union of ,pure and ,applied ,chemistry 7,,iupac74 7#b7 7,a7 ,a product described in subparagraph 7,b7 is exempt from the ,international ,union of ,pure and ,applied ,chemistry nomenclature requirement of this subsection if such product is labeled in the manner required under the ,federal ,food1 ,drug1 and ,cosmetic ,act4 7,b7 ,a product is described in this subparagraph if the product-- 7i7 is the subject of an approved application as described in section #eje7;b7 or 7j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 or 7ii7 is exempt from the provisions of section #eje of such ,act relating to new drugs because-- 7,i7 it is intended solely for investigational use as described in section #eje7;i7 of such ,act2 and 7,,ii7 such product is being used exclusively for purposes of a clinical trial that is the subject of an effective investigational new drug application4 7b7 ,criminal penalties ,any person who violates subsection 7a7 knowing1 intending1 or having reasonable cause to believe1 that the substance or product is an anabolic steroid1 or contains an anabolic steroid1 shall be sentenced to a term of imprisonment of not more than #aj years1 a fine not to exceed the greater of that authorized in accordance with the provisions of title #ah1 ,united ,states ,code1 or #ejj1jjj if the defendant is an individual or #b1ejj1jjj if the defendant is other than an individual1 or both4 7c7 ,civil penalties 7#a7 ,any person who violates subsection 7a7 shall be subject to a civil penalty as follows3 7,a7 ,in the case of an importer1 exporter1 manufacturer1 or distributor 7other than as provided in subparagraph 7,b771 up to #ejj1jjj per violation4 ,for purposes of this subparagraph1 a violation is defined as each instance of importation1 exportation1 manufacturing1 or distribution1 and each anabolic steroid or product imported1 exported1 manufactured1 or distributed4 7,b7 ,in the case of a sale or offer to sell at retail1 up to #be1jjj per violation4 ,for purposes of this subparagraph1 each sale and each product offered for sale shall be considered a separate violation4 ,continued offers to sell by a person #aj or more days after written notice 7including through electronic message7 to the person by the ,attorney ,general or the ,secretary shall be considered additional violations4 7#b7 ,in this subsection1 the term product means a discrete article1 either in bulk or in finished form prepared for sale4 ,a number of articles1 if similarly packaged and bearing identical labels1 shall be considered as one product1 but each package size1 form1 or differently labeled article shall be considered a separate product4 7d7 ,identification and publication of list of products containing anabolic steroids 7#a7 ,the ,attorney ,general may1 in his discretion1 collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled in accordance with this section4 ,the ,attorney ,general may publish in the ,federal ,register or on the website of the ,drug ,enforcement ,administration a list of products that he has determined1 based on substantial evidence1 contain an anabolic steroid and are not labeled in accordance with this section4 7#b7 ,the absence of a product from the list referred to in paragraph 7#a7 shall not constitute evidence that the product does not contain an anabolic steroid4 4 7#b7 ,table of contents ,the table of contents for the ,comprehensive ,drug ,abuse ,prevention and ,control ,act of #aigj is amended by inserting after the item relating to section #cje the following3 ,sec4 #cje;,a4 ,offenses involving false labeling of anabolic steroids4 4 #a4 ,short title ,this ,act may be cited as the ,designer ,anabolic ,steroid ,control ,act of #bjad4 #b4 ,amendments to the ,controlled ,substances ,act 7a7 ,definitions ,section #ajb7da7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7da77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7xlix71 by striking and at the end2 7,b7 by redesignating clause 7xlx7 as clause 7lxxv72 and 7,c7 by inserting after clause 7xlix7 the following3 7l7 #e-;,androstan-#c1f1ag-trione2 7li7 #f-;bromo-androstan-#c1ag-;dione2 7lii7 #f-;bromo-androsta-#a1d-;diene-#c1ag-;di one2 7liii7 #d-;chloro-#ag-methyl-androsta-#a1d-;die ne-#c1ag-;diol2 7liv7 #d-;chloro-#ag-methyl-androst-#d-;ene-#c 1ag-;diol2 7lv7 #d-;chloro-#ag-methyl-#ag-;hydroxy-andro st-#d-;en-#c-one2 7lvi7 #d-;chloro-#ag-methyl-#ag-;hydroxy-andro st-#d-;ene-#c1aa-;dione2 7lvii7 #d-;chloro-#ag-methyl-androsta-#a1d-;die ne-#c1ag-;diol2 7lviii7 #b1ag-;dimethyl-#ag-;hydroxy-#e-;androst an-#c-one2 7lix7 #b1ag-;dimethyl-#ag-;hydroxy-#e-;androst an-#c-one2 7lx7 #b1c-;epithio-#ag-methyl-#e-;androstan-# ag-ol2 7lxi7 #c1b-;c-furazan-#e-;androstan-#ag-ol2 7lxii7 #c-;hydroxy-estra-#d1i1aa-trien-#ag-one2 7lxiii7 #ag-methyl-androst-#b-;ene-#c1ag-;diol2 7lxiv7 #ag-methyl-androsta-#a1d-;diene-#c1ag-;d iol2 7lxv7 ,estra-#d1i1aa-triene-#c1ag-;dione2 7lxvi7 #ah;a-,homo-#c-;hydroxy-estra-#b1e7aj7-; dien-#ag-one2 7lxvii7 #f-,methyl-androst-#d-;ene-#c1ag-;dione2 7lxviii7 #ag-,methyl-androstan-#c-;hydroxyimine-# ag-ol2 7lxix7 #ag-,methyl-#e-;androstan-#ag-ol2 7lxx7 #ag-;,hydroxy-androstano#b1c-;disoxazole 2 7lxxi7 #ag-;,hydroxy-androstano#c1b-;cisoxazole 2 7lxxii7 #d-;,hydroxy-androst-#d-;ene-#c1ag-;dion e#c1b-;cpyrazole-#e-;androstan-#ag-ol2 7lxxiii7 #c1b-;cpyrazole-androst-#d-;en-#ag-ol2 7lxxiv7 #c1b-;cpyrazole-#e-;androstan-#ag-ol2 and 2 and 7#b7 by adding at the end the following3 7,c7 7i7 ,subject to clause 7ii71 a drug or hormonal substance 7other than estrogens1 progestins1 corticosteroids1 and dehydroepiandrosterone7 that is not listed in subparagraph 7,a7 and is derived from1 or has a chemical structure substantially similar to1 #a or more anabolic steroids listed in subparagraph 7,a7 shall be considered to be an anabolic steroid for purposes of this ,act if-- 7,i7 the drug or substance has been created or manufactured with the intent of producing a drug or other substance that either-- 7aa7 promotes muscle growth2 or 7bb7 otherwise causes a pharmacological effect similar to that of testosterone2 or 7,,ii7 the drug or substance has been1 or is intended to be1 marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone4 7ii7 ,a substance shall not be considered to be a drug or hormonal substance for purposes of this subparagraph if it-- 7,i7 is-- 7aa7 an herb or other botanical2 7bb7 a concentrate1 metabolite1 or extract of1 or a constituent isolated directly from1 an herb or other botanical2 or 7cc7 a combination of #b or more substances described in item 7aa7 or 7bb72 7,,ii7 is a dietary ingredient for purposes of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 and 7,,iii7 is not anabolic or androgenic4 7iii7 ,in accordance with section #eae7;a71 any person claiming the benefit of an exemption or exception under clause 7ii7 shall bear the burden of going forward with the evidence with respect to such exemption or exception4 4 7b7 ,classification authority ,section #bja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #haa7 is amended by adding at the end the following3 7i7 ,temporary and permanent scheduling of recently emerged anabolic steroids 7#a7 ,the ,attorney ,general may issue a temporary order adding a drug or other substance to the definition of anabolic steroids if the ,attorney ,general finds that-- 7,a7 the drug or other substance satisfies the criteria for being considered an anabolic steroid under section #ajb7da7 but is not listed in that section or by regulation of the ,attorney ,general as being an anabolic steroid2 and 7,b7 adding such drug or other substance to the definition of anabolic steroids will assist in preventing abuse or misuse of the drug or other substance4 7#b7 ,an order issued under paragraph 7#a7 shall not take effect until #cj days after the date of the publication by the ,attorney ,general of a notice in the ,federal ,register of the intention to issue such order and the grounds upon which such order is to be issued4 ,the order shall expire not later than #bd months after the date it becomes effective1 except that the ,attorney ,general may1 during the pendency of proceedings under paragraph 7#f71 extend the temporary scheduling order for up to #f months4 7#c7 ,the ,attorney ,general shall transmit notice of an order proposed to be issued under paragraph 7#a7 to the ,secretary of ,health and ,human ,services4 ,in issuing an order under paragraph 7#a71 the ,attorney ,general shall take into consideration any comments submitted by the ,secretary in response to a notice transmitted pursuant to this paragraph4 7#d7 ,a temporary scheduling order issued under paragraph 7#a7 shall be vacated upon the issuance of a permanent scheduling order under paragraph 7#f74 7#e7 ,an order issued under paragraph 7#a7 is not subject to judicial review4 7#f7 ,the ,attorney ,general may1 by rule1 issue a permanent order adding a drug or other substance to the definition of anabolic steroids if such drug or other substance satisfies the criteria for being considered an anabolic steroid under section #ajb7da74 ,such rulemaking may be commenced simultaneously with the issuance of the temporary order issued under paragraph 7#a74 4 #c4 ,labeling requirements 7a7 ,in general ,section #cje of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbe7 is amended by adding at the end the following3 7e7 ,false ,labeling of ,anabolic ,steroids 7#a7 ,it shall be unlawful to import1 export1 manufacture1 distribute1 dispense1 or possess with intent to manufacture1 distribute1 or dispense1 an anabolic steroid or product containing an anabolic steroid1 unless the steroid or product bears a label clearly identifying an anabolic steroid or product containing an anabolic steroid by the nomenclature used by the ,international ,union of ,pure and ,applied ,chemistry 7,,iupac74 7#b7 7,a7 ,a product described in subparagraph 7,b7 is exempt from the ,international ,union of ,pure and ,applied ,chemistry nomenclature requirement of this subsection if such product is labeled in the manner required under the ,federal ,food1 ,drug1 and ,cosmetic ,act4 7,b7 ,a product is described in this subparagraph if the product-- 7i7 is the subject of an approved application as described in section #eje7;b7 or 7j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 or 7ii7 is exempt from the provisions of section #eje of such ,act relating to new drugs because-- 7,i7 it is intended solely for investigational use as described in section #eje7;i7 of such ,act2 and 7,,ii7 such product is being used exclusively for purposes of a clinical trial that is the subject of an effective investigational new drug application4 4 7b7 ,clarification to ,import and ,export statute ,section #ajaj of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7 is amended1 in subsection 7a77#a71 by inserting #cje1 before #ajjb4 7c7 ,civil penalties ,section #djb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#ad71 by striking or at the end2 7,b7 in paragraph 7#ae71 by striking the period at the end and inserting 2 or2 and 7,c7 by inserting1 after paragraph 7#ae71 the following3 7#af7 to violate subsection 7e7 of section #cje of the ,controlled ,substances ,act4 2 and 7#b7 in subsection 7c77#a7-- 7,a7 by inserting1 in subparagraph 7,a71 after subparagraph 7,b7 the following3 1 7,c71 or 7,d72 and 7,b7 by inserting after subparagraph 7,b7 the following3 7,c7 ,in the case of a violation of paragraph 7#af7 of subsection 7a7 of this section by an importer1 exporter1 manufacturer1 or distributor 7other than as provided in subparagraph 7,d771 up to #ejj1jjj per violation4 ,for purposes of this subparagraph1 a violation is defined as each instance of importation1 exportation1 manufacturing1 distribution1 or possession with intent to manufacture or distribute1 in violation of paragraph 7#af7 of subsection 7a74 7,d7 ,in the case of a distribution1 dispensing1 or possession with intent to distribute or dispense in violation of paragraph 7#af7 of subsection 7a7 of this section at the retail level1 up to #ajjj per violation4 ,for purposes of this paragraph1 the term at the retail level refers to products sold1 or held for sale1 directly to the consumer for personal use4 ,each package1 container or other separate unit containing an anabolic steroid that is distributed1 dispensed1 or possessed with intent to distribute or dispense at the retail level in violation of paragraph 7#af7 of subsection 7a7 shall be considered a separate violation4 4 #d4 ,identification and publication of list of products containing anabolic steroids 7a7 ,the ,attorney ,general may1 in his discretion1 collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled in accordance with this section4 ,the ,attorney ,general may publish in the ,federal ,register or on the website of the ,drug ,enforcement ,administration a list of products that he has determined1 based on substantial evidence1 contain an anabolic steroid and are not labeled in accordance with this section4 7b7 ,the absence of a product from the list referred to in subsection 7a7 shall not constitute evidence that the product does not contain an anabolic steroid4 ,september #ae1 #bjad ,reported from the ,committee on ,energy and ,commerce with an amendment ,september #ae1 #bjad ,reported from the ,committee on the ,judiciary with an amendment2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed